The URL can be used to link to this page

Home My WebLink About01-0038FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION OF PA 150 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OI- SHANNON B. HUMES 112 HIGH STREET ENOLA, PA 17025 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 306770164 Plaintiffis GMAC MORTGAGE CORPORATION OF PA 150 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 The name(s) and last known address (es) of the Defendant(s) are: SHANNON B. HUMES 112 HIGH STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/12/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE HUNTINGTON MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1563, Page 1110. By Assignment of Mortgage recorded 3/20/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 640, Page 639. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 8/1/00 through 12/1/00 (Per Diem $14.32) Attorney's Fees Cumulative Late Charges 8/12/99 to 12/1/00 Cost of Suit and Title Search Subtotal $66,376.51 1,761.36 3,318.00 97.02 550.00 $72,102.89 Escrow Credit 0.00 Deficit 20.33 Subtotal $ 20.33 TOTAL $72,123.22 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $72,123.22, together with interest from 12/1/00 at the rate of $14.32 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC Mortgage Corporulion P.O. BOx 85071 San Diego, CA 92186-5071 3451 Hammond Ave P.O. BOx 780 Waterloo, IA 50704-0780 Servlolng ACT 91 NOTICE G&IO C Mortgage Date: November 13, 2000 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP} may be able to hel~ to save your home. This Notice explains how the program works, To see if HEMAP can help, you mu~t MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselin~ A~eney. The name, address and uhone number of Consumer Credit CounseHns Agencies serving your Count~ are Hsted at the end of this Notice. If you have any questions:, you.may c-all the Pennsylvania Housing Finance Agency toll free at 1-g00.342-2397, (Persons with impaired hearln~ can call ¢717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to hcip explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DE1, DERECHO A REDIMIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: SHANNON B. HUMES 112 HIGH STREET ENOLA, PA 17025 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 306770164 N/A GMAC Mortgage Corporation EXHIBITA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUbISTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end oft. his Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the connnner credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in dafmdt for the reasons set forth later in this Notice (see following pages for specific information about the nature of your defmdt.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and fde a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit co~mseling agencies have applications for the program and they will assist you in mbmitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or pos~narked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available fitnds for emergency mortgage assistance are very limited. They ~vill be disbmsed b.y the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has s~xty (60) days to make a decision after it receives your application. During that time, no foreclos'ttre proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. EXHIBITA NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed banknaptey yon can Rill apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date), NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your pmpe~, located at: 112 Hiqh Street Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the follo~ving months and the following amounts are now past due: September 1, 2000 throug~n November 1, 2000. See attached Exhibit for payment breakdown. Monthly Payments 1,710.9 6 Late Cba~ges 48.50 NSF o. o o Inspections 0.0 0 Other Suspense 0.00 TOTAL AMOUNT PAST DUE: 1,759.46 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not nsc if not applicable): HOW TO CURE THE DEFAULT -- You may cu~ the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,7 59.4 6 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments nmst be made either bv cash, cashiegs check, certified check or money order made payable and sent to: Payment Proceaainq GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the folloxving action within THIRTY (30) DAYS of the date of this letter: (Do notuse if not applicable.) Not Applieable IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this N?tice, the lender intends to exerdse its rights to accelerate the mortgage debt. This means that the entire outstandmg balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffldl payment of the total ammmt past due is not made within THIRTY (30) DAYS, the lender also intends to instxuct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property xvill be sold by the Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you ct:re the delinquency before the lender begins legal proceedings against yon, you will still be required to pay the reasonable attorney's fees that were actxmlly incun~ed, zip to $50.00. However, if legal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if:bey exceed $50.00. Any attorney's fees will be added to the arno:mt you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to oay attorney's fees. EXHIBITA OTHER LENDER REMEDIES -- The lender may also sx~e you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default xvithin the THIRTY (30) DAY period and foreclosure proceedings have begxm, you still have the right to cure the default and prevent the sale at any time un to one hour before the Sheriffs Sale. You may do so bv vavin~ the total amount then past due, plus any late or other cha~cs then due, reasonable attorney's fees and costs connected with the forcclomue sale and any other costs connected with the Sheriffs Sale as specified in writing bv thc lender and by l~c .ff. orming any other requiremants under the mortga~..e. Cur~..~ your default in the manner set forth in this uofiee w~ restore your mortgage ~o the same posltiou as ffyou had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged propen'y could be held would be approximately six (6) mouths from the date of this Notice. A notice oftbe actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to ca~re the default will increase the longer you wait. You may fred out at any time exacfly what the req~fimd payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: GMAC Mortgage Corporation 401 Mile of Cars Way National City, CA 91950 Phone Number: Fax Number: Contact Person: (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your oxvncrship of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fl~mishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer your home to a buyer or transferee who will asmune the mortgage debt, provided that allthe outstanding payments, charges and attorney's fees and costs axe paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAl. BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED EXHIBITA EXHIBIT September 1, 2000 · 570.32 October 1, 2000 ~ 570.32 November 1, 2000 ~ 570.32 EXHIBITA PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Lycoming-Clinton Counti~ Commisian for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CLINTON COUNTY CCCS of Northeastern PA 1631 South Atherton St., Suim State College, PA i6801 (814)238-3668 FAX (814) 238-3669 CCCS of Not.eastern PA 201 Basin Street Williamsport. PA 17703 (570) 3234627 FA~K (570) 3234626 31 W. Market Street POB I127 Wilkes-Bame, PA 18702 (570) 8214837 or (800) 922-9537 FAX (570) 821-1785 COLUMBIA COL~'Y Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxing) (570)455-4994 Hazeltown FAX (570) 455-563 I--(Call Before Faxing) (570) 836-4,090 Tunl~annock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 CRAWFORD COUNTY John F Kennedy Center, Inc. 2021 East 20u~ Street Erie, PA 16510 (g 14) 898.0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, [nc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N. 6~ Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Det-~y Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 1400 Abington Executive Park Suite 1 Clerks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9u~ Street Erie, PA 16501 (814)459-4581 FAX (814) 456.0161 Shenaago Valley Urban League. Inc 601 Indiana Avenue Farr~ll, PA 16121 (412) 9gl-5310 Financial Counseling Services of Franldin 31 West 3r~ Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Cariisle 301 "G" Street Carlisle, PA 17013 , (717) 243-38lg FAX (717) 731-9589 Adams County Housing Authority 139-143 Cariisle St. Gettysburg, PA 17325 (717) 334-151g FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBITA All that eertnJn lot of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGIN~G at a point on the eastern line of High Street 54 feet measured southwardly along the eastern line of High Street from the southeast corner of High Street and Highland Avenue; thence North 73 degrees East along a line at right angles with High Street 90 feet to Anderson Alley;, thence south 17 degrees East along thc western line of Anderson Alley 60 feet to an iron pin; thence South 73 degrees West along a line at right angles with High Street 90 feet to High S~'eet; thence North 17 degrees West along the eastern line of High Street 60 feet to the point or place of BEGINNING. BEING known and numbered as 112 High Street, Enola, Pennsylvania. BE/I~G the same premises which Howard D. Pert'n-ann and Carol Ann Peterman, husband and wife, granted and conveyed to Shannon B. Humes, single person, Borrower herein. VERIFICATION FIL4.NK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiffin this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHERIFF'S RETURN - CASE NO: 2001-00038 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORP OF PA VS HUMES SHANNON B REGULAR CPL. MICHAEL EARRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE HUMES SHANNON B DEFENDANT , at 0013:46 HOURS, on the at 112 HIGH STREET ENOLA, PA 17025 NELLE HUMES <SISTER) a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 5th day of January 2001 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit Surcharge 10,00 .00 37.30 Sworn and Subscribed to before me this /d ~ day of J~/ A.D. So Answers: R. Thomas Kline Ol/OS/2OOi FEDERNL~N & PHELAN FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION OF PA SHANNON B. HUMES Plaintiff Court of Common Pleas CUMBERLAND County No. 01-38 Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREIUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff